If you were a justice on the appellate court, would you have allowed this testimony? Why or why not?

Chester was charged with several counts of sexual assault of the Lodi-house girls.

Before trial, Chester moved to suppress evidence of two other girls (now adults) that would testify that Chester began to sexually assault them when they were approximately eight years old. The assaults ranged from touching their breasts and vaginal area to sexual intercourse, which occurred at Chester’s then home in Oakley. According to the girls, they had been shown pornographic movies, and Chester had photographed the girls in the nude. One of the girls testified that she was fourteen years old the last time Chester had sexual intercourse with her at his Oakley residence. The other girl testified that at his Oakley home, when she was ten or eleven years old, Chester had undressed her and digitally penetrated her, performed cunnilingus on her and had her perform fellatio. Chester was never charged with any crime associated with the Oakley-house girls.

The trial court allowed the testimony of the two Oakley-house girls pursuant to Rule 404(b), which provides:

Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person to show that the person acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Chester was convicted on all counts of sexual assault regarding the Lodi-house girls. On appeal, Chester’s attorneys argue that the trial court errored in allowing the testimony of the Oakley-house girls.

If you were a justice on the appellate court, would you have allowed this testimony? Why or why not?

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